Legal Question in Real Estate Law in California

had quiteclaim deed in 2002. had notorised but forgot to record . this is in san frncisco . any suggestion


Asked on 1/14/12, 5:28 pm

2 Answers from Attorneys

A deed is effective upon being signed and delivered. There is no time limit to record it. The problem with not recording is that anyone who relies on the record of title, without actual notice of the unrecorded instrument, is not bound by the unrecorded instrument. So as long as nothing has been done with the property that would have been affected by the unrecorded deed, you can just go ahead and record it and it will be basically the same as if you had recorded it right away. If there has been a transaction or recorded instrument that would have been affected by the deed, you should still record it right away, but then see an attorney in person immediately after.

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Answered on 1/14/12, 6:48 pm
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. McCormick. The problem is, you may not understand what he is referring to. I realized this myself when looking at something I wrote a similar posted question about a month ago.

The deed to you does not have to be recorded to be valid. But recording protects you from the following problem. If the person who gave the quitclaim deed to you, subsequently deeded the property to a third person, who purchased the property, and that third person recorded their deed without any knowledge of the quitclaim to you, then their title is superior to yours, and they could have a court quiet title in their name.

So I suggest speaking to a competent real estate attorney in your area to discuss this with you in detail, to make sure you don't have any problems.

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Answered on 1/15/12, 12:09 pm


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